6A Notice Dates

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    6A Notice Dates

    I'd really appreciate any help on this - I complied with regulations but have no proof.

    Looks like I may need to issue a section 21 for a tenancy commencing after October 15. The tenancy has lapsed to periodic with the period commencing on the 10th of the month. The tenant has given written notice but I don't think they are going to leave or pay.

    I have checked my documents and although I attached the Prescribed Information to the My Deposit Certificate signed by the tenants and issued both within 30 days, I do not have any proof that this was actually supplied within the 30 day limit as the pro forma certificate isn't dated next to the signature. Also the tenant could just detach the prescribed information from their copy of the certificate which they signed and say it wasn't attached.

    I realise (too late) that I should have obtained a signed and dated receipt of both the certificate and PI at the time.

    I am worried that my Section 21 could fail if the court ask for proof which I can't provide.

    I'm also worried that I may have to pay a penalty if this goes to court and I can't prove I served the certificate on time or the prescribed info at all.

    Is my only option to return the deposit before issuing the S21?

    #2
    But that would be admitting you did something wrong, and likely to encourage tenant to claim 3x deposit compensation.

    I'd just wait & see what happens. You're going to need that deposit if tenant doesn't pay rent.

    Maybe issue s21 anyway.

    Comment


      #3
      Thank you very much for your reply.

      Would it be advisable to include a copy of all the documents required (Prescribed Information; How to Rent; EPC; Gas Safety Certificate) in the same envelope as the Section 21 Notice when served just to be on the safe side as I've read that 70 % of Section 21 notices are thrown out by the courts due to lack of evidence that these documents were ever served?

      Comment


        #4
        Maybe see what others suggest. My feeling is that someone may draw the same inference as above if you serve these items now.

        Comment


          #5
          I see no objection to enclosing the other documents with the s21 notice, but including the PI, as well, invites the conclusion that it was not properly issued in the first place.

          Comment


            #6
            Thank you for replies.

            The S21 6a Guidance states only use this form if you have issued (amongst other documents) the PI. Although I did this but can't prove it, Is it pointless using this form? Does the court always ask for evidence of PI served? If they do then I'm not sure what my options are as they'll deem my S21 invalid .

            Comment


              #7
              6A Notice Dates

              Could anyone please advise if I'm correct in my interpretation that the required leaving date does not have to be the end of a monthly rental period with a 6A Notice. I have a monthly periodic tenancy (original AST post Oct 15) . I know previous S21 Notices always had to request a leaving date on the last day before a new rental period.

              Many Thanks

              Comment


                #8
                Yes, AT LEAST 2 months notice, allowing for service time,..

                Deposit protected within 30 days of being paid? PI served? EPC GSC & "How to rent" been served (served not that you happen to have them?)
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  I did all of the above but don't actually have evidence that PI served other than it was attached to the deposit certificate which they signed at the bottom. No date of signature though. Any advice re what I should do now? Thanks

                  Comment


                    #10
                    You can either....

                    a) Gamble s21/6A goes through, nobody queries PI proof... or..
                    b) Serve PI (TODAY)! ensure tenant has option to sign (doesn't matter if he doesn't): Get proof of service - eg witness statement, video of PI going into envelope then into letter-box. Couple of days later, serve s21/6A (safest).

                    One cannot prevent a tenant disputing evidence (kinda a foundation of British law..)
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      If the tenant has served notice, there's no point issuing a s21.
                      The tenant's notice ends the tenancy (which the s21/form6a doesn't) and you can repossess on that basis much more easily than using s21.

                      Confirm you accept the tenant's notice in writing and wait for them to leave.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Agree with jpk... however, should you end up with a judge who doesn't agree with him (jpk is right btw..) , an already-served s21 may be helpful, just for the cost of a couple of stamps & some paper..
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          Two related threads have been merged.
                          I also post as Mars_Mug when not moderating

                          Comment


                            #14
                            On what date does the tenant's notice expire? Was it good notice, or just some vague intimation of an intention to leave?

                            If the tenancy will have ended within two months, a s21 notice can't be valid: there has to be a tenancy or it can be of no effect.

                            Comment


                              #15
                              I received verbal notice which was a week short of a months notice to end of periodic rental period but I agreed to this verbally due to tenants financial difficulties. I asked for this in writing which I received on 20th Jan worded as "writing to give notice that I intend to vacate the property ending the tenancy on the 9th Feb 17".
                              I haven't sent written acceptance.

                              Comment

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